| LEGISLATIVE UPDATE
NEW CHILDREN’S PRIVACY BILLS INTRODUCED IN STATES
Federal Student-Privacy Provision Signed Into Law
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This update highlights new state actions on privacy
issues that threaten Kids in the Know members in 2002.
And it reviews next steps on the "student-privacy"
provision included in the federal education bill.
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Last year, Kids in the Know and its allies were able to remove a devastating parental-consent requirement from a new federal "student-privacy" requirement. Even though it was just signed into law, children’s privacy remains a hot topic at the state level.
The National Conference of State Legislatures (NCSL) identifies "privacy" as one of the key priorities for states this year. As state legislative sessions begin, there is growing evidence to support the assertion.
Last month, "student-privacy" legislation was introduced in Virginia and Illinois, and then-Governor Donald DiFrancesco signed a "student-privacy" provision into law in New Jersey. California is also expected to return to its traditional focus on privacy, after it got sidetracked last year.
Virginia: School Surveys
In Virginia, a new bill (HB 357) was introduced, and rapidly adopted by the General Assembly, that could significantly impact Kids in the Know members. The bill requires local school boards to prohibit students from filling out surveys or questionnaires during the school day or at school-sponsored events without written, informed parental consent.
This applies to all surveys or questionnaires that may result in the sale of personal information. The requirement would have a particularly damaging effect on lists used for college recruitment, and other purposes.
Illinois: Parental Consent
In Illinois, the Children’s Privacy Protection and Parental Empowerment Act (HB 4165) was introduced. It prohibits the sale or purchase of personal information about children without parental consent.
The bill also requires persons who broker or solicit information to disclose to parents, upon request, the source and contents of this information and the names of entities that have solicited the information.
New Jersey: Law Enacted
The New Jersey law creates an "opt-in" provision, requiring schools to obtain written consent from parents prior to administering certain surveys. The law only applies to surveys dealing with a specific list of very personal information, such as political affiliations, mental and psychological problems, sexual behavior and attitudes, family problems, and family income.
The provision does not effect Kids in the Know members. It is similar to provisions adopted by other states, as well as the amendment offered in Congress, part of which was attached to the Dodd provision.
Local school officials in New Jersey, such as the school boards, adamantly opposed it. But, according to The Washington Times, the New Jersey law "will likely be replicated soon" in other state legislatures.
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